Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Standards, policy statements, and plans - National direction - National environmental standards

43: Regulations prescribing national environmental standards

You could also call this:

“Rules that set standards for protecting the environment across New Zealand”

The Governor-General can make rules called national environmental standards. These rules can set standards for things like how you use land, water, and air. They can also set standards for noise and how to check if the rules are being followed.

These rules can include different types of standards. They can be about the quality or quantity of something. They can be about what you can put into the environment or what the environment should be like. The rules can also say how to group different parts of nature or the world around us.

The rules can tell you how to do things to meet the standards. They can include ways that don’t involve technical stuff. Sometimes, the rules might say that you don’t have to follow a standard. They can also say how to change from old rules to new ones.

When these rules are made, they have to follow what Section 360(2) says.

The rules can apply to all of New Zealand, or just to some parts of it. They might only apply to a specific area or region where a local council is in charge.

These rules are called secondary legislation. This means they have to follow certain rules about how they’re made public, which you can find in Part 3 of the Legislation Act 2019.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM233303.

Topics:
Environment and resources > Conservation
Environment and resources > Climate and energy
Environment and resources > Town planning
Government and voting > Local councils
Previous

43AAC: Meaning of proposed plan, or

“A proposed plan is a new or changed plan that has been shared but isn't officially in use yet.”

Next

43A: Contents of national environmental standards, or

“National environmental standards can set rules about what activities are allowed or not allowed, and how they should be managed to protect the environment.”

Part 5 Standards, policy statements, and plans
National direction: National environmental standards

43Regulations prescribing national environmental standards

  1. The Governor-General may, by Order in Council, make regulations, to be known as national environmental standards, that prescribe any or all of the following technical standards, methods, or requirements:

  2. standards for the matters referred to in section 9, section 11, section 12, section 13, section 14, or section 15, including, but not limited to—
    1. contaminants:
      1. water quality, level, or flow:
        1. air quality:
          1. soil quality in relation to the discharge of contaminants:
          2. standards for noise:
            1. standards, methods, or requirements for monitoring.

              1. The regulations may include:

              2. qualitative or quantitative standards:
                1. standards for any discharge or the ambient environment:
                  1. methods for classifying a natural or physical resource:
                    1. methods, processes, or technology to implement standards:
                      1. non-technical methods or requirements:
                        1. exemptions from standards:
                          1. transitional provisions for standards, methods, or requirements.

                            1. Section 360(2) applies to all regulations made under this section.

                            2. Regulations made under this section may apply—

                            3. generally; or
                              1. to any specified district or region of any local authority; or
                                1. to any specified part of New Zealand.

                                  1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                  Notes
                                  • Section 43: replaced, on , by section 18 of the Resource Management Amendment Act 2003 (2003 No 23).
                                  • Section 43(1)(a): amended, on , by section 27 of the Resource Management Amendment Act 2005 (2005 No 87).
                                  • Section 43(2)(da): inserted, on , by section 28(1) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                  • Section 43(4): inserted, on , by section 28(2) of the Resource Legislation Amendment Act 2017 (2017 No 15).
                                  • Section 43(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).